U.S. Citizenship and Immigration Services
Date of Information: 08/25/2025
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Overview
U.S. Citizenship and Immigration Services (USCIS) is the DHS agency that administers immigration benefits—from family- and employment‑based green cards to naturalization, EADs, TPS, humanitarian parole, and asylum/refugee processing. Unlike ICE and CBP, USCIS is not a law‑enforcement body; its core mission is to adjudicate applications under federal law in a way that is fair, consistent, and secure.
What you’ll find on this page:
A plain‑English history of how USCIS came to be
The legal authorities that empower (and limit) USCIS
Practical guidance to avoid the most common case slow‑downs
Comprehensive FAQ
History: From INS to USCIS
Pre‑2003: The Department of Justice’s Immigration and Naturalization Service (INS) handled both benefits and enforcement.
Post‑9/11 reorganization: The Homeland Security Act of 2002 split functions across three DHS components (2003):
USCIS – benefits/adjudications
ICE – interior enforcement and investigations
CBP – border and ports of entry
Today: USCIS runs a global benefits operation with domestic field offices, application support centers (biometrics), national service centers, and overseas presence where authorized.
Why this matters: Understanding this split helps clients see why processing, enforcement, and border decisions happen in different places—and what remedies exist when something goes wrong.
Authorities: What USCIS Runs On
While officers have broad discretion, decisions must be grounded in law and policy—and are reviewable in many contexts.
Immigration and Nationality Act (INA): Core statute setting eligibility and procedures.
Homeland Security Act (2002): Moved benefits functions to DHS/USCIS.
Regulations (8 C.F.R.): Detailed rules for filings, evidence, interviews, decisions, motions, and appeals.
Policy & Guidance: DHS/USCIS policy manuals and field guidance interpreting statutes and regs.
Executive Actions & Court Decisions: Periodically reshape standards (e.g., public charge, fee rules, parole programs, TPS designations).
Guardrails: Restraints on USCIS Operations
Due Process (5th Amendment): Fair procedures, adequate notice, and a meaningful opportunity to respond (e.g., RFEs/NOIDs, interviews, motions/appeals).
Equal‑Protection Principles: No decisions based on protected characteristics.
Administrative Procedure Act (APA): Agency action can be challenged if it is arbitrary, capricious, or contrary to law.
Transparency & Records: FOIA access to many non‑exempt records; retention and notice rules protect applicants.
Mission Separation: Adjudications ≠ policing. USCIS focuses on eligibility, evidence, and program integrity.
Practical effect: When USCIS errs, you often have structured ways to fix it—from service requests and ombudsman help to motions, appeals, and, where appropriate, federal litigation.
Core Services (What Applicants Use Most)
Family-Based Immigration (I-130/I-485, consular processing)
Employment-Based Immigration (I-140, PERM-linked filings with DOL, specialty/extraordinary categories)
Naturalization & Citizenship (N-400, N-600/Consular Report of Birth Abroad interplay)
Humanitarian Programs (asylum, refugee, TPS, VAWA, U/T visas, SIJS, humanitarian parole)
However, please note that USCIS only processes “affirmative” asylum claims, i.e., those claims made by an individual who is already in the United States and not in removal proceedings in Immigration Court. Asylum claims made in Immigration Court are known as “defensive” asylum claims. See the CIL Guide to Defensive Asylum.
Travel/Work (EADs, Advance Parole, combo cards)
Records & Corrections (A-file FOIA, replacement documents, I-90, I-102, I-131, I-765)
Practical Help: Preventable Delays & How to Avoid Them
File the right form, the right fee, to the right place. Obvious—but common denials come from avoidable clerical errors. When in doubt, consult an attorney.
Evidence strategy: Submit primary evidence first; use secondary/affidavits when allowed, with a clean explanation.
Biometrics & address changes: Missed biometrics or stale addresses cause the most “ghost” delays—use AR-11 promptly and watch your online account.
Interview readiness: Bring originals of key civil docs, updated I-864 financials, and evidence of continuous eligibility. See also the CIL Guide to Greencard Interviews and the CIL Guide to Asylum Interviews.
Follow the lifecycle:
Receipt notice (keep the case number)
Biometrics
RFE/NOID if needed
Interview (where applicable)
Decision & document production
Service requests & expedites: Use when outside normal times or when you meet expedite criteria (e.g., severe financial loss, urgent humanitarian need).
Congressional assistance: Can prompt status reviews in stuck cases.
Ombudsman (DHS CIS-OMB): Independent escalations for systemic or prolonged issues.
USCIS Frequently Asked Questions
General
What is USCIS?
USCIS is the federal agency that oversees immigration benefits, including family-based immigration, employment-based immigration, humanitarian relief, and citizenship.
What does USCIS do?
It reviews applications, conducts biometrics and interviews, and issues decisions and documents for immigration benefits.
Who does USCIS fall under?
The Department of Homeland Security (DHS).
Is USCIS the same as Homeland Security?
No. USCIS is one DHS component; ICE and CBP are others.
What is the purpose of USCIS?
To administer immigration benefits while protecting system integrity and national security.
Applications & Processing
How long does USCIS take to process a case?
Timelines vary by form and office—from weeks to years.
Why is my case taking so long?
Background checks, RFEs, interview backlogs, or high volume.
How do I know if USCIS is reviewing my case?
Use your receipt number to check case status online and compare with posted processing times.
How many cases does USCIS process per day?
Thousands—volumes fluctuate by form and office.
How can I make my USCIS case go faster?
File a complete application; request an expedite if you qualify; consider congressional assistance; submit a service request when outside normal times.
Contacting USCIS
How do I contact USCIS by phone?
Call 1-800-375-5283.
How do I speak to a live person?
Follow IVR prompts during business hours until routed to a representative.
How do I speak to an immigration officer?
Request an InfoPass appointment through the Contact Center.
Can I call USCIS to expedite my case?
Yes—submit an expedite by phone or via your online account (approval requires meeting strict criteria).
How can I talk to USCIS customer service?
Phone, online account messages, Emma chatbot, or scheduled field-office appointment.
Addresses & Accounts
How do I notify USCIS of a change of address?
File AR-11 online or update through your USCIS account.
What happens if I don’t update my address?
You may miss critical notices, which can delay your case or affect eligibility.
How do I get an online access code?
USCIS mails a code after certain filings so you can link a paper case to your online account.
How long does an address change take?
Online updates typically reflect within a few days; mailed updates may take longer.
Fees, Biometrics, RFEs, Outcomes
How much are USCIS fees?
Fees vary by form—check your form page before filing.
Can I walk into USCIS without an appointment?
Generally no—field-office visits require an appointment.
Does USCIS take fingerprints?
Yes—biometrics (fingerprints, photo, signature) are required for many filings.
Why did USCIS ask for more evidence (RFE)?
To clarify eligibility or cure missing/insufficient documents.
Can USCIS deny my case?
Yes—if eligibility isn’t met or evidence is inadequate.
Will USCIS check social media?
Public social media may be reviewed in some screening contexts.
When does USCIS send a green card?
After I-485 approval or, for consular cases, after immigrant visa issuance and admission as a resident.
General Tips for Working with USCIS
When to seek counsel (and what we do differently)
Complex eligibility: Mixed immigration histories, prior denials, inadmissibility issues.
Document strategy: We build an evidence roadmap (primary → secondary → affidavits) so your file tells a coherent story.
Timing & sequencing: Strategic filing order (e.g., family petition + AOS concurrency; employment petition with timing around travel).
Stuck cases: We employ service requests, ombudsman referrals, congressional liaisons, and—where appropriate—APA litigation to compel action on long-pending matters.
Common pitfalls to avoid
Missing address updates and biometrics
Submitting incomplete civil records or mistranslations
Ignoring public charge and affidavit of support nuances
Traveling without understanding AP/visa implications
Need Help with a USCIS Case?
If your case is time-sensitive, stalled, or high-stakes, get a plan you can trust.
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
